top of page

AMGN v. Sanofi Ab Patent Case - What Biotech Investors Should Know

Amgen v. Sanofi Sup Ct. oral arguments took place yesterday in the ongoing PCSK9* antibody (Ab) patent case. See the attached transcript and FIG. 1.

Who won the oral arguments? Verdict?

  • Although it's hard to predict the outcome of the case from the oral arguments, I give the advantage in the orals to Sanofi

    • Some of the Sup Ct justices don't like that AMGN's patent covers millions of antibodies (Abs) and only discloses 26 Abs

    • And the fact that there is no structure, only functional language in the AMGN patent claims, doesn't help**

    • Although some of the details of the lower appellate court panel's analysis was likely flawed, the basic law on "enablement", the issue on appeal now, probably still works well enough without the Supreme Ct stepping in here

    • And it didn't help AMGN that the U.S. govt argued in support of Sanofi

FIG.1 Front page of 1 of the patents in suit

Even if AMGN wins at the Sup Ct, it likely still loses this case

  • AMGN lost this case in the lower courts

  • And even if AMGN wins at the Sup Ct. on this "enablement" issue, the case goes back to lower courts and AMGN still needs to win on "enablement" after the facts are applied to a clarified enablement std

  • And then AMGN needs to have the district court's ruling on the related "written description" requirement overturned

  • If Sanofi wins, AMGN's patents in suit are dead and the case is over

Why should biotech investors care about this case, even if they don't invest in AMGN or Sanofi?

  • It affects the value of many biotech patents, and thus, many biotech companies

Provide your email HERE (for FREE!) or join our discord HERE, and get biotech investor and patent attorney Manny Vacchiano's view of this case!


If you are serious about investing in biotech stocks BPIQ is the research companion that will take you to the next level.

Save yourself time by accessing our database of over 550 companies, 1,800+ of their drug assets, and tools including: Catalyst Calendar, Big Movers, Company Pipelines, and more!


See what our members are saying about us:

Mike from United States

“Really loving the site over the competitor... like the layout and speed over the the individual pages for each drug/treatment”

Carl from United States

“I like your service. I haven’t seen anyone else doing something similar...nothing like this available for retail.”

Essey from Canada

“Love what you’re doing, this website is awesome.”

James from United States

Great site and I see it’s a family run business, great job.”



bottom of page